Judicature Act 1908

3.9 Access to documents during substantive hearing stage

• (1) This rule applies during the hearing of a proceeding (other than the hearing of an interlocutory application) and until—

  • (a) the close of the 20th working day after the court has given the final judgment on the proceeding; or

  • (b) the discontinuance of the proceeding before the final judgment is given.

  (2) During the period to which this rule applies, any person may access any of the following documents relating to the proceeding:

  • (a) any pleading, reference, notice, or application filed in the court:

  • (b) affidavits, depositions, or other written statements admitted into evidence for the purposes of the hearing:

  • (c) documents admitted into evidence for the purposes of the hearing:

  • (d) if any evidence given orally at the hearing has been transcribed, a transcript of that evidence.

  (3) Despite subclause (2), a Judge may, on his or her initiative or on request, direct that any document, or part of a document, relating to the proceeding not be accessed without the permission of a Judge.

  (4) A request for access to a document under this rule is made informally to the Registrar by letter that—

  • (a) identifies the requested document; and

  • (b) gives the reasons for the request.

  (5) The following provisions apply when a request for access to a document is made under subclause (4):

  • (a) the Registrar must promptly give the parties or their counsel a copy of the request:

  • (b) a party who wishes to object must, before the relevant deadline (within the meaning of rule 3.10), give written notice of the objection to the Registrar, to the person who made the request, and to the other parties or their counsel:

  • (c) on receipt of an objection, the Registrar must promptly refer the objection and the request to the Judge for determination:

  • (d) unless the document is subject to a restriction stated in subclause (3) or in rule 3.12, the Registrar must promptly give the person who made the request access to the document—

    • (i) if the Registrar receives no objection before the expiry of the relevant deadline (within the meaning of rule 3.10); or

    • (ii) if the parties or their counsel earlier agree that the person be given access to the document:

  • (e) every request that relates to a document that is subject to a restriction stated in subclause (3) or in rule 3.12 is taken to be a request for the permission of a Judge, and must be promptly referred to the Judge by the Registrar.

  (6) The Judge may determine an objection referred to the Judge under subclause (5)(c) or a request for permission under subclause (3) or (5)(e) in any manner the Judge considers just.

  (7) For the purposes of subclause 2(b) and (c), admitted into evidence does not include evidence admitted provisionally.

  Schedule 2 rule 3.9: substituted, on 12 June 2009, by rule 4 of the High Court (Access to Court Documents) Amendment Rules 2009 (SR 2009/133).